Most Common Shoplifting Charges in Minnesota

Theft (Minn. Stat. § 609.52)

Charges depend on alleged value:

Under $500 – Misdemeanor

• Up to 90 days jail

• Up to $1,000 fine

$500-$1,000 – Gross Misdemeanor

• Up to 1 year jail

• Up to $3,000 fine

Over $1,000 – Felony

• Prison exposure

• Permanent record

• Immigration consequences

⚠️ Loss prevention employees often “inflate” value by combining items or using full retail price.

I challenge this aggressively.

​Strongest Defenses in Minnesota Retail Theft Cases

1. Illegal Detention by Store Security

Minnesota’s “shopkeeper’s privilege” is narrow.
Security must have:

• Probable cause

• Reasonable detention procedures

• No excessive force

Most MOA and Target detentions don’t meet this standard.

If the detention was illegal → evidence gets suppressed → case likely dismissed.

2. No Intent to Steal

The State must prove intent — and they rarely can.

Examples of non-theft:

• Forgetting to pay

• Self-checkout scanning errors

• Miscommunication

• Carrying items while shopping

• Putting items in a bag to free your hands

• Using personal bags

• Abandoning merch before leaving the store

I win many cases by showing the conduct was not intentional.

3. Misidentification in Busy Stores

Retail environments are chaotic.
People are often stopped based on:

• Poor video quality

• Vague descriptions

• Racial profiling

• Matching outfits

• Simple mistakes

Bodycam + store video usually tells the truth.

4. Overvaluation of Merchandise

This is extremely common.
Security often miscalculates:

• Full retail vs. sale price

• Bundling items to reach a felony

• Counting items not actually taken

Correcting the value can bring a felony → gross misdemeanor → misdemeanor → diversion → dismissal.

5. Illegal Search

Store security is not police.
They routinely conduct:

• Purse searches

• Pocket searches

• Bag searches

• Demanding to see receipts

Without proper consent → evidence can be thrown out.

6. Forced or Coerced Statements

Security employees often intimidate suspects into:

• Apologizing

• “Admitting it”

• Signing confessions

• Signing trespass forms

These are frequently suppressible.

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How I Fight Shoplifing & Retail Theft:

✓Dismissals

✓Deferred Adjudication

✓Diversion Programs (Keep It Off Your Record)

Most first-time retail theft clients qualify for diversion, which can include:

• No conviction

• No jail

• No probation

• No criminal record

• Case dismissed after completion

Counties with strong diversion programs:

• Hennepin

• Ramsey

• Dakota

• Anoka

I get clients approved even when prosecutors initially say no.

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Immigration Risks 

Retail theft is considered a crime of moral turpitude under immigration law.
It can affect:

• Adjustment of status

• Green card eligibility

• Visa renewals

• DACA

• Naturalization

• Removal proceedings

I know how to structure outcomes to avoid deportation and protect immigration status.

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What to Do If You’re Accused of Shoplifting

Do NOT:

• Sign ANYTHING from store security

• Admit anything

• Explain yourself

• Return to the store

• Call the store

• Pay civil demand letters without speaking to a lawyer

Do:

• Contact me immediately

• Save receipts

• Write down what happened

• Preserve videos (escalators, parking garages, etc.)

• Screenshot any communication with the store

FAQ: Minnesota Shoplifting & Retail Theft

Can a store legally detain me in Minnesota?

Only with reasonable cause and within narrow limits. Most MOA detentions fail this test.

Will I go to jail for shoplifting?

First-time cases almost never result in jail when defended properly.

Will I have a permanent criminal record?

Not if I get you diversion, dismissal, or a stay of adjudication.

What if I didn’t leave the store yet?

Intent is still required — these cases are very defensible.

Can I be charged if I paid for some items?

Yes, but these cases often get dismissed due to confusion at checkout.

Is self-checkout the problem?

Often, yes. Target, Walmart, and MOA see countless scanning errors.

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Counties & Cities I Serve

• Hennepin County

• Ramsey County

• Dakota County

• Anoka County

• Washington County

• Scott / Carver

Cities:

• Minneapolis

• St. Paul

• Bloomington (MOA)

• Roseville

• Edina

• Minnetonka

• Maplewood

• Plymouth

• Brooklyn Park

• Eagan

• Richfield

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Call Now — I Will Protect  Your Record

Shoplifting is one of the most defensible charges in Minnesota — but only if you act quickly and proactively. You need a lawyer who knows:

• MOA’s security tactics

• How loss prevention violates state law

• How to get diversion and dismissal

• How to protect immigration status

I’ve gotten countless retail theft cases dismissed or resolved with no criminal record.

📞 Call or text: 612-412-1710